Outstanding Debt: Avenues to Recovery by Statutory Demand
Article by Ben Schefe, Michael Mapp, Conor Harvey, Debt recovery can often be a tricky exercise, as debtors are adept at avoiding and/or delaying payment where there is a debt outstanding. A cost-effective avenue for debt recovery, where the debtor is a company, is by way of a statutory demand. A statutory demand is a […]
Ethical competitor or pricing predator?
By Michelle Cirson The Australian construction industry is no stranger to price-wars, underpricing and zero percent margins. With supply and demand imposing a volatile tug-o-war over work in the pipeline, contractors have resorted to buying work to maintain cashflow objectives and cover overheads. But who (in their right mind) went into business planning to work […]
The alignment of statute and common law: defining a casual employee
On 27 March 2021 the Fair Work Amendment (Supporting Australia’s Jobs and Economic Recovery Act 2021 (Cth) (“Amending Legislation”) amended the Fair Work Act 2009 (Cth) (“FWA”) and inserted a definition of “casual employee”. This new definition provides that a person’s status as a casual employee is determined at the beginning of the employment relationship, […]
Travel Refunds from Agencies and their Suppliers: COVID-19
Since the COVID-19 pandemic first began to take effect in March 2020, Australian travellers and travel services have struggled with the constant cancellations of domestic and international travel alike. Lockdowns have resumed in most of Australia which indicates that, even if vaccination rates meet the Federal Government targets, COVID-19 is likely to be part of […]
Spousal Maintenance: Do you need to pay?
CAN I REQUEST, OR DO I NEED TO PAY, SPOUSAL MAINTENANCE? Parties who have experienced the breakdown of a marriage and are navigating the landscape of resolving property settlement matters often encounter issues relating to Spousal Maintenance. That is, the financial support by one party to the other of the marriage. Is the party requesting […]
Environmental nuisance and your rights
More than 150mm of rain fell on Brisbane in the month of February followed by more than 300mm in March. While wet conditions are not unusual for South East Queensland, the volume and constancy of rain can create aggravation for home owners suffering from storm water issues, overland flooding and nuisance run off water problems […]
Personal Injury
If you’ve been injured in Queensland because of someone else’s actions, you may be entitled to make a personal injury compensation claim. A personal injury lawyer at McCarthy Durie Lawyers can advise you on your rights and the legal options available to you following an injury. At McCarthy Durie Lawyers, we can help in the […]
Tips for Negotiating the Best Deal
Tips for Negotiating the Best Deal Negotiating in business is a fact of life, whether it be to close a contract or resolve a dispute. As a result, good negotiating skills can be a valuable asset. In this article John Warlow provides a number of important tips for negotiating a favourable agreement. John is a […]
Debt Recovery Update 2021
DEBT RECOVERY UPDATE 2021 As you may know, due to the significant impact of COVID on the business community, temporary laws were introduced in March 2020 to attempt to help businesses and individuals stay afloat during that very difficult period. In summary, at a high level, the following changes were made: 1. A creditor could […]
PLANNING LAW COMPLETES FULL CIRCLE IN JUST TWO YEARS
PLANNING LAW COMPLETES FULL CIRCLE IN JUST TWO YEARS It has to be acknowledged that all professionals in the Planning Law jurisdiction earn their money, particularly when one considers the 360-degree rotation of the Planning Law regime in just two years. In the 2018 seminal decision of Bell v Brisbane City Council, the Queensland Court […]
